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Township of Hempfield, PA
Westmoreland County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
This chapter is enacted for the following purposes: to promote the health, safety, morals and general welfare of the inhabitants of the Township by preventing congestion in the streets, securing safety from fire, panic and other dangers, providing adequate light and air, avoiding undue concentration of population, preserving areas of particular scenic value, conserving the value of land and buildings and encouraging the most appropriate use of land.
This chapter shall be known and may be cited as the "Hempfield Township Zoning Ordinance of 2014."
This chapter shall take effect five days after passing and upon being signed by the Chairman of the Board of Supervisors, being attested by the Township Secretary.
A. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of Hempfield Township. They are not intended to interfere with or abrogate or annul other rules, regulations or ordinances of the Township; except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the building height or requires larger open spaces than are imposed by such other rules, regulations or ordinances, the provisions of this chapter shall control.
B. 
It is fundamental to the purpose of this chapter to recognize that many existing lots throughout the Township are less adequate than others because of their location or size or odd shape or difficult topography, or any combination of these limitations. A claim of hardship under this chapter, therefore, shall not be allowed on behalf of any lot because the physical characteristics of the lot prevent it from being built upon exactly as in another lot abutting or close to it or in the same zoning district. There can be some alleviation for other lots through variances (minor concessions) granted by the Zoning Hearing Board when special physical conditions make literal enforcement of the regulations either unsatisfactory in the interest of the people at large or actually impossible. It is not this chapter but the physical conditions that prevent a lot from accommodating a type or area or bulk of structure unsuited to it. For a typical example, it is not intended that each lot in a multifamily residential district automatically become the prospective site for a multifamily dwelling and use. If a lot in such a district, after provisions of the yards and other open spaces prescribed for its own and adjacent property protection, has a buildable area too small in extent or dimensions for a multifamily dwelling, then the lot may be used under its district regulations for another type of dwelling or structure permitted in that district.
The community development objectives of the Township, which reflect the Comprehensive Plan, are as follows:
A. 
To promote consistent and compatible land use patterns both within the Township and with adjacent municipalities to preserve suburban residential character and quality of life.
B. 
To preserve sensitive environmental features, scenic views, agricultural areas and prime agricultural land.
C. 
To ensure that the scale, layout and design of new development minimizes negative impacts on surrounding parcels and infrastructure.
D. 
To encourage development of a variety of housing types and densities in safe and affordable neighborhoods with access to services and amenities that meet the needs of residents.
E. 
To support a healthy and aesthetically pleasing environment with clean air, clean water, and development that is sensitive to natural features, preserves scenic views and conserves open space.
F. 
To minimize pollution or disruption of the environment by objectionable noise, vibrations, smoke, fumes, odors, harsh lights, solid wastes and liquid home effluents.
G. 
To promote the establishment of new businesses in the Township to create jobs and increase the tax base.
H. 
To assure that businesses and institutions in the Township provide sufficient and well-designed off-street parking that manages traffic flow safely and effectively and accommodates demand efficiently.
I. 
To create a safe and well-planned traffic circulation pattern that effectively facilitates the movement of goods and people and promotes good access to neighborhoods, workplaces, shopping destinations, businesses and recreational areas.
J. 
To prevent unsafe construction in floodplain areas.
K. 
To ensure that future growth occurs in suitable areas with stable soils, necessary utilities and sufficient street capacity and access.
This chapter is adopted to promote an orderly plan of development according to the Comprehensive Plan, including data on existing conditions, the future land use plan, implementation strategies, and with reasonable consideration, among other things, of the existing character of the various areas within the Township and their respective suitability to particular land uses.
The provisions of this chapter, as far as they are the same as those of existing ordinances, are intended as a continuation of such ordinances, except for those portions of the ordinances which are specifically repealed. The provisions of this chapter shall not affect any act done, contract executed or liability incurred prior to its effective date or affect any suit or prosecution pending or to be instituted to enforce any right, rule, regulation or ordinance or to punish any offense against any such repealed ordinance or against any ordinance enacted under it. All ordinances, resolutions, regulations and rules made pursuant to any ordinance repealed by this chapter shall continue in effect as if such ordinance had not been repealed.
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged, nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
A. 
It is recognized that the following acts preempt this chapter:
(1) 
The Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law";[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2) 
The Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[2]
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
(3) 
The Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act";[3]
[3]
Editor's Note: See 52 P.S. § 1406.1 et seq.
(4) 
The Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act";[4]
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
(5) 
The Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act";[5]
[5]
Editor's Note: The Oil and Gas Act was repealed by 2012, Feb. 14, P.L. 87, No. 13, § 3(2). For current provisions, see 58 Pa. C.S.A. § 3201 et seq.
(6) 
The Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act";[6]
[6]
Editor's Note: See 52 P.S. § 3301 et seq.
(7) 
The Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law";[7]
[7]
Editor's Note: See 3 P.S. § 901 et seq.
(8) 
The Act of June 10, 1982 (P.L. 454, No. 133), entitled "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances";[8]
[8]
Editor's Note: See 3 P.S. § 951 et seq.
(9) 
The Act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient Management Act";[9] and
[9]
Editor's Note: The Nutrient Management Act was repealed by 2005, July 6, P.L. 112, No. 38, § 3(2). For current provisions, see 3 Pa. C.S.A. § 501 et seq.
(10) 
The Act of January 8, 1960 (P.L. 2119, No. 787), known as the "Air Pollution Control Act."[10]
[10]
Editor's Note: See 35 P.S. § 4001 et seq.
B. 
Suggestions, recommendations, options, or directives contained herein are intended to be implemented only to the extent that they are consistent with and do not exceed the requirements of the aforementioned acts. Nothing contrary to these acts shall be mandated by this chapter.
The "Hempfield Township Zoning Ordinance of 1978," as amended, is hereby repealed as of the effective date of this chapter, which is a comprehensive amendment of the Hempfield Township Zoning Ordinance of 1978.